Fast v. State ( 2004 )

MARING, Justice,

concurring in the result.

[¶ 15] The evidence indicates there was a snow storm on April 13, 2000, and April 14, 2000. The State cleared the sidewalk sometime on the morning of April 14, 2000. The Fasts arrived at approximately 9:00 p.m. on April 14, 2000, and left their granddaughter’s residence hall at approximately 1:00 a.m. on April 15, 2000. It was at that time that Marcia Fast slipped and fell on the sidewalk. There is no evidence the State negligently removed the snow from the sidewalk. There is no evidence the ice on the sidewalk was in existence for a long period of time. Therefore, I concur in the result that no jury could conclude under these facts that the State acted unreasonably in its removal of ice and snow.

[¶ 16] Mary Muehlen Maring